HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35525 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shashi Kumar Mishra, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash the cognizance order dated 9.7.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 17, Etah as well as entire proceeding of Case no. 14229 of 2025 (State vs. Anshul Kumar & others) arising out of Crime no. 115/2024 under Section 3/7 Essential Commodities Act, 1955, PS- Sakeet, District Etah. 3. While assailing entire proceeding in shape of cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. There is no iota of evidence that applicant no.1 has committed black marketing of essential commodities merely on the basis of assumption, the charge sheet has been filed without collecting necessary evidence. So far as applicant no.2 is concerned, it is alleged that he used to run the fair price shop of the applicant no.1 in this regard it is stated that for the purpose of distribution he was engaged by the applicant no. 1 for lifting sachets as a labourer. No offence under Section 3/7 of Essential Commodities Act, 1955 is made out against the applicants, hence the entire proceeding is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. Versus Counsel for Applicant(s) : Shashi Kumar Mishra Counsel for Opposite Party(s) : G.A. Anshul Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. 6. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, applicants will be at liberty to avail all other remedy available at law. September 23, 2025 Shaswat NA528 No. 35525 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad